Study On The Differential Treatment In The Compensation Allocation Of Collective Land Expropriation

In recent years,with the development of economy and the acceleration of urbanization,a large number of rural collective land has been expropriated,In the process of expropriation in the collective ownership of land,with the emergence of land expropriation compensation,How to distribute these interests has become an inevitable problem for the rural collective economic organizations,Among them,the issue of whether the rural women,especially the “married women” enjoy equal distribution rights with male citizens is particularly prominent.Due to the lack of legislation on the distribution of rural collective income,there is a different approach to the issue of how to allocate the collective land expropriation compensation.Because of the lack of uniform standards,in the process of distribution of collective land expropriation compensation have appeared the phenomenon of discriminatory treatment on the part of many different groups,these Provisions is in accordance with the Constitution and the law,but also has not fully comply with the Constitution and the law,the most obvious is that in the process of distribution of collective land expropriation compensation,there are many "married women" is the distribution rights restriction or deprivation of compensation for collective land expropriation,land compensation fee is not assigned to the corresponding proper,which caused a lot of "married women" against the village committee for collective land compensation fee of land expropriation rights event.When dealing with the disputes arising from the differential treatment in the compensation of the collective land expropriation,due to the vagueness of legal provisions,the government has failed to exercise authority or mutually making excuses in dealing with these problems involving the rural autonomy.Ignoring the differential treatment clause in the autonomous norms which violate the Constitution and the law,not to carry out effective supervision and guidance of villager autonomy.When the court deals with the disputes arising from the differential treatment in the compensation of the collective land expropriation,it is inevitable to involve the identification of the membership of the collective economic organization,As the current law does not provide a unified standard for the identification of the membership of the collective economic organizations,lead to significant differences between the courts,judges and lawyers' understanding of the problem and the application of the law.Therefore,such cases in the trial process appeared “the same case of different sentenced” phenomenon,resulting in the discriminatory treatment of the legitimate rights and interests of this group is not fully protected,the problem of differential treatment in the allocation of compensation for collective land expropriation is still not solved in the last barrier of judicial remedy,which has led to a difficult and hot issue in judicial practice in recent years.The phenomenon of discrimination in the allocation of compensation for collective land expropriation has violated the legitimate rights and interests of the people who have been treated differently,which has caused a large number of rights protection events arising from this kind of differential treatment.Whether this problem can be solved reasonably is related to the protection of the legitimate rights and interests.Considering the producing and solving of the issue of collective land expropriation compensation has a strong legal and policy,in solving this problem should follow the principles of equality and respect for the autonomy of villagers.on this basis,improve the relevant laws and regulations.Establish the criteria for the identification of members of rural collective economic organizations;Strengthen the supervision of villager autonomy.To review the legality of village regulation,Establishing the accountability mechanism of township government in correcting the problem of villager autonomy.Improve a variety of relief ways to solve the problem of differential treatment of collective land expropriation compensation in a timely manner.In dealing with this issue,the administrative organs and the judicial organs should resolutely implement the provisions of the Constitution on the protection of equal protection,ensure the principle of equality before the law is implemented in law enforcement and judicial activities.Actively resolve conflicts caused by social inequality,promote social stability and harmony.